Companies Act

No need of Auditor’s certificate in DPT-3 for transactions not considered deposits- MCA

Auditor’s certificate on return of deposits pursuant to Rule 16 of the Companies (Acceptance of Deposits) Rule 2014.

MCA has clarified that Auditor’s Certificate under Rule 16 is mandatory only in case of return of deposits as mentioned in the instruction kit given with e-Form DPT-3.

The MCA was responding to the ICAI letter on the extension of the time for filing e-Form DPT-3

Further it has been clarified that for filing particulars of transactions not considered as deposits, information contained therein as on 31st March of that year need not be from the duly audited Financial Statements. Only in case of Return of deposit, information contained therein as on 31st March of that year should be from duly audited financial statements of the company.

In view of the above, the MCA has declined the need for any revision of the timeline for filing particulars of exempted deposits (receipt of money or loan which not considered as deposits).

In pursuance of MCA clarification ICAI has issued the following advisory for the members:

Clarification on Auditor’s Certificate on Return of Deposits pursuant to Rule 16 of the Companies (Acceptance of Deposits) Rules, 2014

This has reference to Rule 16 of the Companies (Acceptance of Deposits) Rules, 2014 and further amendments.

In this regard, the Ministry of Corporate Affairs vide its letter no. File No: P-01/08/2013- CL-V Vol. VI dated June 24, 2019 has clarified on the matter as under:

  • The Auditor’s Certificate is mandatory only in case of return of deposits.
  • For filing particulars of transactions not considered as deposits information contained therein as on 31st March of that year need not be from the duly audited Financial Statement.
  • Only in case of Return of Deposit information contained therein as on 31st March of that year should be from duly audited financial statement of the company.

Also in order to provide guidance to members, the Auditing and Assurance Standards Board of ICAI has issued Illustrative Auditor’s Certificate on Return of Deposits.

Read MCA letter Click Here >>

Share

Recent Posts

  • Income Tax

Discontinuance of business of firm will not vest ownership of firm’s property with partners

Discontinuance of business of partnership firm will not result in vesting ownership of firm's property with individual partners for capital…

8 hours ago
  • Income Tax

Release of seized jewellery/gold u/s 132B within 120 days is directory not mandatory

Stipulation of 120 days for release of seized jewellery/gold u/s 132B is directory not mandatory – Delhi High Court In…

10 hours ago
  • ICAI

ICAI issues FAQs on key accounting implications arising from New Labour Codes

FAQs on key accounting implications arising from the New Labour Codes Recently, Government consolidated existing labour laws into four new…

14 hours ago
  • Income Tax

Deduction u/s 80-IA(7) not allowed for delayed filing of audit report in Form 10CCB

Filing audit report in Form 10CCB within due date is mandatory. The assessee cannot claim deduction u/s 80-IA(7) he ground…

1 day ago
  • Income Tax

Is CSR expenditure is allowable under section 80G of Income Tax Act – ITAT says “Yes”

CSR expenditure of companies is allowable under section 80G unless fall under the two exceptions specified. In a recent judgment,…

1 day ago
  • Income Tax

Territorial jurisdiction of ITAT is determined on the basis of situs of Assessing Officer

Jurisdiction of ITAT is determined not by the place of business or residence of assessee but by the location of…

2 days ago